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Karannagoda files FR against arrest

25 February 2019 06:35 pm - 16     - {{hitsCtrl.values.hits}}


Former Navy Commander Admiral Wasantha Karannagoda today filed a fundamental rights (FR) petition in the Supreme Court (SC) seeking an interim order preventing him from being arrested in connection with the investigations into the abduction and killing of 11 youths in 2008-2009.

He cited OIC Nishantha Silva and Director Shani Abeysekera of the Organised Crimes Investigation Unit as well as DIG CID Ravi Seneviratne, IGP Pujith Jayasundara and the Attorney-General as respondents.

The petition is to be supported for leave to proceed by Romesh de Silva PC with Sugath Caldera instructed by Sanath Wijeyawardane on March 1.

Petitioner states as follows:

On May 10, 2009, he received notice of an allegation that his security officer Lt. Cdr. Sampath had abducted certain youths and detained them within Navy premises in Trincomalee.

On May 10, the petitioner was advised that Lt. Cdr. Sampath may in fact be guilty of committing the said offence.

On May 28, 2009, Lt. Cdr Sampath’s officer’s cabin was opened by the Naval Provost in the presence of the police and many suspicious materials were found including large amounts of cash, promissory notes and identity documents of other persons. On June 10, 2009, Lt. Cdr. Sampath was arrested whilst absconding Army Headquarters.

He laments that on September 13, 2016, Lt. Cdr. Welagedara of the Sri Lanka Navy provided a false statement to IP Nishantha Silva at the CID, implicating him and several others including Admiral Colombage, Capt. Dasanayake and Cdr. Ranasinghe, stating that these officers had threatened him with death.

On September 27, 2016, IP Nishantha Silva filed a B-report in the Colombo Fort Magistrate’s Court based on Lt. Cdr. Welagedara’s statement.

On September 30, he was summoned in writing to appear at the CID on October 5 and 6, 2016, to provide a statement. On October 5, 2016, he appeared before the CID.

The petitioner states that he became aware that Rear Admiral Travis Sinniah (as he was then) made a statement to the first respondent, which was reported to court in a B-report dated August 2, 2017.

The said Travis Sinniah was a Deputy Area Commander East (Trincomalee) when the petitioner was Navy Commander.

In the said statement supposed to have been made, Sinniah is said to have claimed that: (a) Illegal detention cells were functioning under the petitioner’s supervision at the Trincomalee Navy camp known as ‘Gunsite’; (b) The petitioner had instructed Travis Sinniah not to supervise or conduct any activities with regard to these cells; (c) The petitioner and several others were aware of the fact that persons were detained at these cells and later killed; and (d) The petitioner is responsible for the killings of detainees held in the said cells.

The petitioner claims that the first respondent and other respondents did not at any stage seek to interview the petitioner or obtain any statement from him with respect to the false allegations said to have been made by Travis Sinniah.

The petitioner pleads that no steps whatever had been taken in respect to the allegations levelled by Lt. Cdr. Welagedara and Admiral Sinniah.

He states that on September 18, 2018, Rear Admiral KJCS (Shemal) Fernando of the Navy had provided a statement to the first respondent that the petitioner had failed to take proper steps in respect to the five youths referred to by Felix Perera. The said Shemal Fernando was the Naval Secretary to the petitioner at the relevant time in 2009.

The petitioner maintains that he did take several steps to cause an investigation to take place and to brief his superiors concerning the allegations of abduction and detention of youths.

The petitioner pleads in the said matter systematically, the respondents and particularly the first respondent had over time attempted to concoct a reason to arrest the petitioner.

The petitioner pleads that all allegations and implications made against him in the said B-reports are false and have been made mala fide with a view to make him a suspect illegally and wrongfully for personal and political reasons and to deprive him of his personal liberty.

The petitioner claims that it is not even alleged that he physically abducted the youths and/or was physically present when they were abducted.

He pleads that no charges/indictments have been framed up to now against any of the persons alleged to have been directly involved in the abduction of the youths and that there is no reason to arrest him and bemoans that he is being victimised for political reasons and as a political vendetta. (S.S.Selvanayagam)

  Comments - 16

  • sarakarthi Monday, 25 February 2019 07:37 PM

    Not only against death but also against death you can file a FR -so powerful you are.

    Truthful Monday, 25 February 2019 08:36 PM

    Way your wife crying at the kovil and doing pujas. Accept the guilt and shake hand and go forward. PLEASE NOTE THAT NO ONE INTERSTED TO SEND YOU TO GALLO BUT TO FINISH THIS EPISODE..

    Truthful Monday, 25 February 2019 08:36 PM

    Way your wife crying at the kovil and doing pujas. Accept the guilt and shake hand and go forward. PLEASE NOTE THAT NO ONE INTERSTED TO SEND YOU TO GALLO BUT TO FINISH THIS EPISODE..

    Dee Monday, 25 February 2019 09:02 PM

    Ha. Ha. Your American boss have coached you pretty well. Get an 'interim order's that's great for war heroes (cardboard)

    vithura Monday, 25 February 2019 09:52 PM

    You can run from justice, but not from your karma it will catch up with you sooner or later one way or the other. That is the law of nature and applies to all of us!

    Thanura Senaratne Tuesday, 26 February 2019 07:49 AM

    True that!

    APR Monday, 25 February 2019 11:46 PM

    Do not cry. Face it, prove yr innocence, come clean and then we will believe you. We have the best judicial in the world (Lol).

    Mr Ramsh Perera Tuesday, 26 February 2019 12:17 AM

    If you are guilty, accept it and be a man. Truth hurts. There is no smoke without fire.

    Hemal Tuesday, 26 February 2019 01:26 AM

    FRs are a way adopted by suspects to delay proceedings and arrest. Arresting and keeping them in custody without charges is unfair. We have seen it happening all the time. All security men must attend Police when requested and corporate with investigations. The arrest must be last when charges are framed. Until then impound passports and get the suspects to report to Police.

    Banda Tuesday, 26 February 2019 01:34 AM

    Hello Machan Was, did you feed your kids with the money you got off from those kids' parents?

    Gamarala Tuesday, 26 February 2019 08:20 AM

    He states:"The petitioner claims that it is not even alleged that he physically abducted the youths and/or was physically present when they were abducted.", In the same logic, we state "he physically never steer any ship/craft and/or was physically never present in battle, when any of the naval operations were going on, other than being in an air conditioned Operations room at Colombo", How can he say he is a War Hero...!!!

    DillonDP Tuesday, 26 February 2019 08:25 AM

    tHIS GUY HAS TO GO, HE WILL GO DOWN, Next will be your protectors

    Ranabahu Tuesday, 26 February 2019 08:36 AM

    Mr.President, Why Ravindra Wijegunaratne is still holding office, whilst charged with crime: aiding and abetting a fugitive, not reporting CID, thuggery in Court Premises, and intimidation of evidence. Do you tolerate same in the case of a Common Man in you Village ?, Why double standards ?? , Do you want general public to disobey to Police in same way OR getting into Roads with protest against this Highly partial malpractices of Police under You..???

    DillonDP Tuesday, 26 February 2019 03:24 PM

    It is a crime to have a president as such for so long in power, this guy should have been impeached long before, however, on a happier note this guy wont have a second term

    Perumal Tuesday, 26 February 2019 09:14 AM

    His above statement is enough to arrest him and further question him. Mind you, I am just common man or rather a common sense man.

    Jk Tuesday, 26 February 2019 09:18 AM

    So sad that these young lives are taken away from the people who supposed to protect us. These people may escape justice but the creator will not leave them in peace.

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